Except as provided in section 23-1-108 (10), the commission shall identify those circumstances where the waiving of the nonresident differential in tuition rates, on a reciprocal basis with other states, would enhance educational opportunities for Colorado residents. Relative to such identified circumstances, the commission shall negotiate with the other states involved with the objective of establishing reciprocal agreements for the waiving of the nonresidential differential for Colorado residents attending state institutions of higher education in other states in exchange for Colorado state institutions of higher education waiving the nonresident differential for residents of the other states. Agreements negotiated between Colorado and other states shall provide for an equal number of resident and nonresident students to be exchanged between the states. Upon successful completion of such negotiations, the commission may identify the numbers of Colorado residents by grade level whose educational opportunities would be enhanced and the numbers of nonresident students by grade level for whom the nonresident differential is to be waived by the Colorado state institutions of higher education and may direct that the state institutions of higher education grant such waivers. The commission shall establish regulations for the administration of this section, based on the application of the closest college concept, and for the reporting to the general assembly of the numbers of students to whom the waivers are given.
Source: L. 85: Entire article R&RE, p. 759, � 1, effective July 1.
Editor's note: This section is similar to former � 23-1-112.5 as it existed prior to 1985.
23-1-113. Commission directive - admission standards for baccalaureate and graduate institutions of higher education - policy - report - definitions. (1) (a) Except as provided in subsection (1)(b) of this section, the commission shall establish and the governing boards shall implement academic admission standards for first-time freshmen and transfer students at all state-supported baccalaureate and graduate institutions of higher education in the state. The commission shall establish and may subsequently review and amend the standards after consultation with the governing boards of institutions. The academic admission standards for students who do not have in-state status, as determined pursuant to section 23-7-103, shall equal or exceed those established for determining admission of in-state students.
(b) (I) The standards established for first-time admitted freshman students must use high school academic performance indicators as an eligibility criterion. The academic performance indicators may include, but are not limited to, grade point average, class rank, and content standard performance level assessments. In considering the high school academic performance indicators, the commission and the governing boards may take into account the rigor of a student's high school academic preparation and the academic content of the courses taken. In lieu of the established statewide criteria, each governing board may use additional criteria for up to twenty percent of the freshmen students annually admitted to each institution under the governing board's control. Students who meet the minimum criteria for admission are not guaranteed admission to the institution to which they have applied, but they are eligible for consideration.
(II) The governing board of a state-supported baccalaureate and graduate institution of higher education may, but is not required to, require a national assessment test score as an eligibility criterion.
(III) The criteria established and the specified performance levels must be consistent with the role and mission established for each state-supported baccalaureate and graduate institution of higher education.
(IV) On or before an application deadline, an applicant may submit a national assessment test score to a state-supported baccalaureate and graduate institution of higher education that does not require a national assessment test score as an eligibility criterion and request that the institution consider the national assessment test score. The institution shall consider a national test score submission pursuant to this subsection (1)(b)(IV) as a part of the admission decision for the applicant.
(V) Notwithstanding any law to the contrary, the governing board of a state-supported institution of higher education shall not consider a legacy preference, as defined in section 23-1-101.1, as eligible criteria for admission standards. The governing board may ask questions regarding familial relationships to alumni of the institution in order to collect data.
(c) The standards established for transfer students must use college academic performance indicators as the eligibility criteria for admitted transfer students. The academic performance indicators may include but are not limited to grade point average, credit hours completed, and successful completion of developmental education courses, if required and as appropriate considering the role and mission of the receiving institution. In lieu of such criteria, additional criteria may be used for up to twenty percent of the admitted transfer students. The academic admission standards and policies established for transfer students must be consistent with the student transfer agreements established by the commission pursuant to section 23-1-108 (7)(f). Students who meet the minimum criteria for admission are not guaranteed admission to the institution to which they have applied, but they are eligible for consideration.
(d) Repealed.
(1.5) (a) (I) The commission shall establish and the governing boards shall implement a policy pursuant to section 23-1-113.3 to identify matriculated students who need additional supports to be successful in gateway courses in English and mathematics and standards and procedures whereby state institutions of higher education may offer supplemental academic instruction or developmental education courses as provided in section 23-1-113.3. The commission's policy must prohibit the placement of a student in developmental education courses based on a single instrument or test and must be designed to maximize the likelihood that a student will complete gateway courses in English and mathematics within one year. In addition, the commission's policy must require state institutions to use an evidence-based placement approach to placing students into English as a second language courses, and placement of these students must be designed to maximize the likelihood that a student placed in English as a second language courses will complete gateway courses in English within three years. The commission, in consultation with the governing boards, shall ensure that the policy aligns with the admission policy adopted pursuant to subsection (1) of this section. In identifying the standards for developmental education, the commission may differentiate requirements for mathematics based on the prerequisite skills needed for required courses within a student's declared program of study.
(II) As part of the policy established pursuant to this subsection (1.5)(a), all state institutions of higher education are authorized to provide supplemental academic instruction even if the institution is not authorized to provide developmental education courses pursuant to section 23-1-113.3. The institution may receive stipend payments from the state pursuant to section 23-18-202 on behalf of an eligible undergraduate student, as defined in section 23-18-102 (5), who is enrolled in a college-level course that includes supplemental academic instruction or co-requisite support or who is enrolled in a pilot program pursuant to section 23-1-113.3 (1)(a)(III).
(b) Each governing board shall adopt policies and procedures that are aligned with the policy established by the commission pursuant to subsection (1.5)(a) of this section and that ensure that, to the extent required by the commission policy, each matriculated student who may need additional supports to be successful in gateway courses in English and mathematics has access to supplemental academic instruction. The institution that enrolls the student shall select which measures to use from among those that meet the standards established in the commission policy. The commission, in consultation with the governing boards, shall collect information regarding the measures used by the institutions for placement to help analyze the data reported pursuant to subsection (9) of this section.
(c) All students enrolled in programs that require gateway courses in English and mathematics at state institutions of higher education should complete gateway courses by the time the student completes thirty college-level credit hours.
(2) Repealed.
(3) (a) (Deleted by amendment, L. 2004, p. 201, � 16, effective August 4, 2004.)
(b) (Deleted by amendment, L. 96, p. 1236, � 78, effective August 7, 1996.)
(4) The commission shall work with the state board of education to align the academic admission standards established pursuant to this section with the guidelines for high school graduation requirements developed pursuant to section 22-2-106 (1)(a.5), C.R.S. Any revised academic admission standards shall be implemented no later than the selection of the freshman class of fall 2012.
(5) (a) On or before December 15, 2009, pursuant to section 22-7-1008, C.R.S., the commission shall consult with the state board of education, and the commission and the state board of education shall negotiate a consensus and adopt the description of postsecondary and workforce readiness.
(b) On or before July 1, 2015, and on or before July 1 every six years thereafter, the commission and the state board of education may adopt revisions to the postsecondary and workforce readiness description.
(6) Repealed.
(7) Notwithstanding any provision of this section to the contrary, a student who graduates with a high school diploma that includes a postsecondary and workforce readiness endorsement based on criteria adopted by the state board and approved by the commission and the governing boards of the state institutions of higher education pursuant to section 22-7-1009, C.R.S., shall be guaranteed:
(a) To meet minimum academic qualifications for admission to, and to be eligible, subject to additional institutional review of other admission and placement qualifications, for placement into credit-bearing courses at, all open, modified open, or moderately selective public institutions of higher education in Colorado; and
(b) To receive priority consideration, in conjunction with additional admissions criteria, and to be eligible, subject to additional institutional review of other admission and placement qualifications, for placement into credit-bearing courses, at all other public institutions of higher education in Colorado. The additional admissions criteria shall be determined by each institution of higher education.
(8) (a) On or before December 15, 2013, based on adoption of the description of postsecondary and workforce readiness, the commission shall, if necessary, revise the minimum academic admission standards for first-time freshmen at all state-supported baccalaureate and graduate institutions of higher education in the state to ensure that the minimum academic admission standards are aligned with the description of postsecondary and workforce readiness adopted by the commission and the state board of education.
(b) On or before December 15, 2013, the commission shall review the policy established pursuant to subsection (1.5)(a) of this section and the developmental education placement or assessment tests administered pursuant to subsection (1.5) of this section to ensure that the policy and tests are aligned with the postsecondary and workforce readiness description.
(c) Consistent with any revisions adopted pursuant to this section to the description of postsecondary and workforce readiness, the commission shall, if necessary, adopt revisions to the minimum academic admission standards, the policy established pursuant to subsection (1.5)(a) of this section, and the developmental education placement or assessment tests to ensure continued alignment with the postsecondary and workforce readiness description.
(d) In revising the minimum academic admission standards, the policy established pursuant to subsection (1.5)(a) of this section, and the developmental education placement or assessment tests pursuant to this subsection (8), the commission shall consult with the governing boards of the state institutions of higher education.
(9) (a) Notwithstanding section 24-1-136 (11)(a)(I) to the contrary, on or before February 15, 2012, and annually thereafter, the department of higher education shall submit to the state board of education, the department of education, and the education committees of the house of representatives and the senate, or any successor committees, a report, subject to available data, for the high school graduating classes of the preceding six academic years concerning:
(I) The need for additional supports for students to be successful in gateway courses in English and mathematics, the subject for which the students are identified as needing additional supports to be successful in gateway courses, and student success in gateway courses;
(II) First-year college grades; and
(III) Types of academic certificates and degrees attained at all postsecondary institutions in Colorado and the United States.
(b) The department of higher education shall report the information disaggregated by high school and school district of graduation, to the extent practicable, and by ethnicity, gender, financial aid status, and any other characteristic deemed relevant by the commission. The department of higher education and the department of education shall also make the report available on their respective websites.
(10) On or before February 15, 2009, and annually thereafter, the department of higher education shall submit to the department of education the unit records used for its reporting purposes under this section to enable the department of education to evaluate the effectiveness of the alignment of the preschool through postsecondary education systems in preparing students who demonstrate postsecondary and workforce readiness and subsequently succeed in postsecondary education and to enable the department of higher education to disseminate the unit records to the appropriate school districts.
(10.5) (a) On or before June 30, 2023, and annually thereafter, the department shall publish and submit to the education committees of the house of representatives and the senate, or any successor committees, an annual report for the previous academic year. The data elements in the report are intended to determine whether requiring or not requiring a national assessment test score as an eligibility criterion for the admissions process for state-supported baccalaureate and graduate institutions of higher education provides greater diversity among institutions without causing negative student outcomes that are directly attributable to the change in the admissions process. The report must specify:
(I) The institutions that required, and the institutions that did not require, a national assessment test score as an eligibility criterion for the previous academic year's first-time freshman students;
(II) The percentage of first-time freshman students who submitted a national assessment test score and the percentage of first-time freshman students who did not submit a national assessment test score, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender;
(III) The percentage of first-time freshman students who submitted a national assessment test score and enrolled in an institution and the percentage of first-time freshman students who did not submit a national assessment test score and enrolled in an institution, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender;
(IV) The percentage of first-time freshman students who submitted a national assessment test score who continued enrollment in the institution in a subsequent academic year and the percentage of first-time freshman students who did not submit a national assessment test score who continued enrollment in the institution in a subsequent academic year, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender;
(V) The percentage of first-time freshman students who submitted a national assessment test score who graduated from an institution in four years and the percentage of first-time freshman students who did not submit a national assessment test score who graduated from an institution in four years, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender;
(VI) The percentage of first-time freshman students who submitted a national assessment test score who graduated from an institution in six years and the percentage of first-time freshman students who did not submit a national assessment test score who graduated from an institution in six years, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender; and
(VII) The following available data, gathered by the department in collaboration with the institutions:
(A) The percentage of first-time freshman students who submitted a national assessment test score who were accepted to an institution and the percentage of first-time freshman students who did not submit a national assessment test score who were accepted to an institution;
(B) The percentage of first-time freshman students who submitted a national assessment test score who are resident first-generation undergraduate students, as defined in section 23-18-302 (12), and continued enrollment in the institution in a subsequent academic year and the percentage of first-time freshman students who did not submit a national assessment test score who are resident first-generation undergraduate students, as defined in section 23-18-302 (12), and continued enrollment in the institution in a subsequent academic year, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender;
(C) The percentage of first-time freshman students who submitted a national assessment test score who are resident first-generation undergraduate students, as defined in section 23-18-302 (12), and graduated from an institution in four years, and the percentage of first-time freshman students who did not submit a national assessment test score who are resident first-generation undergraduate students, as defined in section 23-18-302 (12), and graduated from an institution in four years, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender;
(D) The percentage of first-time freshman students who submitted a national assessment test score who are resident first-generation undergraduate students, as defined in section 23-18-302 (12), and graduated from an institution in six years, and the percentage of first-time freshman students who did not submit a national assessment test score who are resident first-generation undergraduate students, as defined in section 23-18-302 (12), and graduated from an institution in six years, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender;
(E) The percentage of first-time freshman students who submitted a national assessment test score who are eligible for a federal Pell grant and continued enrollment in the institution in a subsequent academic year and the percentage of first-time freshman students who did not submit a national assessment test score who are eligible for a federal Pell grant and continued enrollment in the institution in a subsequent academic year, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender;
(F) The percentage of first-time freshman students who submitted a national assessment test score who are eligible for a federal Pell grant and graduated from an institution in four years, and the percentage of first-time freshman students who did not submit a national assessment test score who are eligible for a federal Pell grant and graduated from an institution in four years, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender; and
(G) The percentage of first-time freshman students who submitted a national assessment test score who are eligible for a federal Pell grant and graduated from an institution in six years, and the percentage of first-time freshman students who did not submit a national assessment test score who are eligible for a federal Pell grant and graduated from an institution in six years, reported for the state as a whole and for each institution, in total and disaggregated by race, ethnicity, and gender.
(b) On or before June 30, 2027, and on or before June 30, 2032, the commission shall publish and submit a report to the education committees of the house of representatives and the senate, or any successor committees, that at a minimum includes a comprehensive analysis of the annual reports submitted pursuant to this subsection (10.5) and an analysis of how the optional use of a national assessment test score as an eligibility criterion impacted access to higher education for students. After the report described in this subsection (10.5)(b) is submitted, the education committees of the house of representatives and the senate, or any successor committees, shall hold a joint meeting at which the commission shall present and discuss the report.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in subsection (10.5)(a) of this section continues indefinitely, and both reports required to be submitted pursuant to subsection (10.5)(b) of this section must be submitted at the times specified in that subsection (10.5)(b).
(11) As used in this section, unless the context otherwise requires:
(a) Academic skills courses means courses that teach the basic academic skills necessary to succeed at a postsecondary institution.
(b) Developmental education courses means courses that are prerequisites to the level of work expected at a postsecondary institution and include academic skills courses and preparatory courses.
(b.5) Gateway course means the first college-level course in English or mathematics that is approved for statewide transfer pursuant to section 23-1-125 (3) and that a student takes to fulfill the English or mathematics requirement for the student's program of study.
(c) National assessment test score includes, but is not limited to, an ACT test score or SAT test score.
(d) Preparatory courses means courses designed for students who demonstrate a deficient skill level in the general competencies necessary to succeed in a standard postsecondary curriculum and include but are not limited to reading courses that focus on nontechnical vocabulary, word identification, and reading of everyday material; writing courses that focus primarily on grammar, usage, punctuation, and effective sentences and paragraphs; and mathematics courses primarily covering concepts introduced in elementary and intermediate algebra and geometry.
(e) (I) Supplemental academic instruction means academic support models that use peer or instructor study sessions or individualized in-class academic support to improve student learning, retention, or success. Supplemental academic instruction also includes co-requisite and modified co-requisite supports. Supplemental academic instruction does not include prerequisite developmental education courses.
(II) As referenced in subsection (11)(e)(I) of this section, co-requisite or modified co-requisite supports are designed for students identified as needing additional supports to be successful in college-level gateway courses. Co-requisite models pair a transfer-level course with a support course, extending the instructional time through additional lecture or lab hours, or require students to participate in academic support services in mathematics, English, or writing.
Source: L. 85: Entire article R&RE, p. 759, � 1, effective July 1. L. 93: (1)(a) amended, p. 2124, � 5, effective June 11. L. 94: (1)(c) amended, p. 1795, � 7, effective May 31. L. 95: (1)(b) and (1)(c) amended and (3) added, p. 54, � 3, effective March 20; (2) amended, p. 39, � 2, effective January 1, 1996. L. 96: (1)(b) and (1)(c) amended, p. 171, � 1, effective July 1; (2) and (3)(b) amended, p. 1236, � 78, effective August 7. L. 99: (2) repealed, p. 849, � 1, effective May 24. L. 2000: (1)(b) amended, p. 1484, � 2, effective June 1. L. 2004: (1)(b)(I)(B), (1)(c), and (3)(a) amended, p. 201, � 16, effective August 4. L. 2007: (4) added, p. 678, � 5, effective May 2. L. 2008: (5) to (10) added, p. 769, � 5, effective May 14. L. 2010: (6)(b) amended, (HB 10-1013), ch. 399, p. 1912, � 35, effective June 10; (1)(c) amended, (HB 10-1208), ch. 191, p. 822, � 2, effective August 11. L. 2012: (1), (8), (9), and (10) amended and (1.5) and (11) added, (HB 12-1155), ch. 255, p. 1273, � 1, effective August 8. L. 2015: (6) repealed, (HB 15-1323), ch. 204, p. 735, � 59, effective May 20. L. 2017: (9) amended, (HB 17-1251), ch. 253, p. 1058, � 4, effective August 9. L. 2019: (1)(c), (1.5), (8)(b), (8)(c), (8)(d), (9), (10), (11)(b), and (11)(e) amended and (11)(b.5) added, (HB 19-1206), ch. 133, p. 593, � 2, effective April 25. L. 2020: (1)(b) amended, (HB 20-1407), ch. 254, p. 1238, � 1, effective July 8. L. 2021: (1)(a), (1)(b), and (11)(c) amended and (10.5) added, (HB 21-1067), ch. 184, p. 988, � 1, effective May 25; (1)(b)(V) added, (HB 21-1173), ch. 185, p. 994, � 3, effective September 7. L. 2024: (1.5)(b), IP(9)(a), (10), IP(10.5)(a), and (10.5)(c) amended, (SB 24-135), ch. 34, p. 109, � 10, effective March 22.
Editor's note: Subsection (1)(d)(II) provided for the repeal of subsection (1)(d), effective June 30, 1988. (See L. 85, p. 759.)
Cross references: For the legislative declaration contained in the 1996 act amending subsections (2) and (3)(b), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2007 act enacting subsection (4), see section 1of chapter 182, Session Laws of Colorado 2007. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1173, see section 1 of chapter 185, Session Laws of Colorado 2021.
23-1-113.2. Department directive - admission standards for students holding international baccalaureate diplomas - legislative declaration. (1) (a) The general assembly hereby finds and declares that:
(I) It is in the best interests of the state to encourage the development and adoption of innovative and effective curricula for high school students;
(II) The international baccalaureate diploma program is an established and well-respected program designed to provide innovative curricula world-wide;
(III) In most other Western educational systems, secondary education includes the equivalent of a thirteenth grade, and the international baccalaureate diploma program conforms to this approach with its rigorous course of study over two years;
(IV) A student who has successfully completed the international baccalaureate diploma program is viewed as a highly attractive student by institutions of higher education due to the student's ambition, work habits, and scholarship;
(V) Nationwide, institutions of higher education recognize the high level of academic sophistication of international baccalaureate students and many offer considerable college credit as an inducement for those students to attend their institutions;
(VI) Many Colorado international baccalaureate students leave the state to attend institutions of higher education that provide attractive offers of credit; and
(VII) It is in the best interests of Colorado to retain the state's best and brightest students who can establish permanent residency and subsequently contribute to the intellectual and economic vitality of the state.
(b) It is therefore the intent of the general assembly in enacting this section that Colorado institutions of higher education be required to adopt comprehensive and reasonable policies to offer credit to international baccalaureate students.
(2) (a) The department shall ensure that each governing board of a state-supported baccalaureate and graduate institution of higher education in the state adopt and implement, for each of the institutions under its control, a policy for the acceptance of first-time freshman students who have successfully completed an international baccalaureate diploma program.
(b) Each governing board shall report the policy adopted and implemented pursuant to paragraph (a) of this subsection (2) to the department and shall make the policy available to the public in an electronic format.
(c) Each governing board shall set the number of credits the institution may grant to a student who has successfully completed an international baccalaureate diploma program. Except as otherwise provided in paragraph (d) of this subsection (2), the number of credits granted by an institution shall be, at a minimum, twenty-four semester credits or their equivalent. Each governing board shall identify the specific general education or elective requirements that the student satisfies by having successfully completed the international baccalaureate diploma program and shall outline the conditions necessary to award the credits.
(d) Each institution may determine the level of student performance necessary to grant the credits, as measured by a student's exam performance in the specific courses constituting the international baccalaureate diploma program. An institution may only grant less than twenty-four semester credits or their equivalent if the student has received a score of less than four on an exam administered as part of the international baccalaureate diploma program, in which case the number of semester credits or their equivalent granted by the institution shall be reduced accordingly.
(3) Repealed.
Source: L. 2003: Entire section added, p. 1213, � 1, effective August 6. L. 2008: (2)(a) and (2)(b) amended, p. 1474, � 12, effective May 28. L. 2017: (3) amended, (SB 17-297), ch. 210, p. 818, � 7, effective May 18. L. 2025: (3) repealed, (SB 25-233), ch. 119, p. 482, � 3, effective April 25.
23-1-113.3. Commission directive - developmental education courses - report. (1) (a) (I) As part of the policy adopted by the commission pursuant to section 23-1-113 (1.5)(a), the commission shall adopt and the governing boards shall implement standards and procedures whereby state institutions of higher education may offer developmental education courses, as defined in section 23-1-113 (11)(b), pursuant to this section, as prerequisites to a gateway course in English and mathematics, as defined in section 23-1-113 (11)(b.5). Beginning in the 2022-23 academic year, no more than ten percent of students enrolling in a state institution of higher education shall be enrolled directly into a developmental education course, as defined in section 23-1-113 (11)(b), that is prerequisite to a gateway course in English or mathematics if the developmental education course lengthens the student's time to degree beyond the time it would take the student to complete the degree if the student had enrolled directly into a gateway course.
(II) On or before August 1, 2021, each state institution of higher education authorized pursuant to subsection (2)(a) of this section to offer developmental education courses, as defined in section 23-1-113 (11)(b), shall have a plan in place to meet the requirements described in subsection (1)(a)(I) of this section. The commission's standards and procedures must allow an institution of higher education to request an extension from the commission of up to two years to meet the requirements described in subsection (1)(a)(I) of this section, upon demonstrating exceptional circumstances.
(III) The commission's standards and procedures adopted pursuant to subsection (1)(a)(I) of this section must allow state institutions of higher education serving groups of students who are not successful in supplemental academic instruction to pilot different approaches that are more successful for those students and to request a waiver from the commission's standards and procedures in order to duplicate or expand successful approaches.
(2) (a) Subject to the provisions of this section, Adams state university, Colorado Mesa university, Western Colorado university in Chaffee and Gunnison counties, any local community college, and any community college governed by the state board for community colleges and occupational education may offer developmental education courses, as defined in section 23-1-113 (11)(b), and receive stipend payments from the state on behalf of eligible undergraduate students, as defined in section 23-18-102 (5).
(b) Except as otherwise provided in subsection (5) of this section, any state institution of higher education not specified in subsection (2)(a) of this section is prohibited from offering a developmental education course, unless the course is offered by contract through any of the institutions of higher education specified in subsection (2)(a) of this section.
(c) Notwithstanding the provisions of subsection (2)(b) of this section, Metropolitan state university of Denver and the university of Colorado at Denver are prohibited from offering developmental education courses.
(3) Each state institution of higher education shall track all students who are identified as needing additional supports to be successful in gateway courses in English or mathematics pursuant to section 23-1-113 (1.5) in order to determine whether those students successfully complete requirements for graduation.
(4) (a) Repealed.
(b) (Deleted by amendment, L. 2019.)
(5) Any state institution of higher education not specified in subsection (2)(a) of this section offering a developmental education course on a cash-funded basis shall report annually to the department the same data that is required to be compiled and tracked pursuant to subsection (3) of this section.
(5.5) The institution and the department shall report the information specified in subsection (3) of this section on an individual student basis, using each student's unique student identifier.
(6) For purposes of this section, local community college includes Aims community college and Colorado mountain college.
Source: L. 2000: Entire section added, p. 1482, � 1, effective June 1. L. 2002: (1) and (2)(a) amended, p. 1021, � 37, effective June 1. L. 2004: (2)(a) amended, p. 718, � 5, effective July 1, 2005. L. 2005: (2)(a) amended, p. 1014, � 5, effective July 1, 2006. L. 2008: (1), (3)(c), (4), (5), and (6) amended, p. 1475, � 13, effective May 28. L. 2010: (5.5) added, (HB 10-1171), ch. 401, p. 1935, � 6, effective August 11. L. 2011: (2)(a), IP(3), and (5.5) amended, (SB 11-265), ch. 292, p. 1365, � 15, effective August 10. L. 2012: (2)(a), IP(3), and (5.5) amended, (HB 12-1080), ch. 189, p. 757, � 10, effective May 19; (2)(c) amended, (SB 12-148), ch. 125, p. 425, � 8, effective July 1; (1), (2)(a), (3), (4)(a), and (5.5) amended, (HB 12-1155), ch. 255, p. 1277, � 2, effective August 8. L. 2014: (2)(a) and IP(3) amended, (SB 14-004), ch. 13, p. 123, � 6, effective August 6. L. 2017: IP(4)(a) amended, (HB 17-1251), ch. 253, p. 1058, � 5, effective August 9. L. 2019: Entire section amended, (HB 19-1206), ch. 133, p. 596, � 3, effective April 25; (2)(a) and IP(3) amended, (HB 19-1178), ch. 400, p. 3544, � 8, effective July 1. L. 2024: (4)(a) repealed and (5.5) amended, (SB 24-135), ch. 34, p. 110, � 11, effective March 22.
Editor's note: (1) Amendments to subsection (2)(a) and the introductory portion to subsection (3) by House Bill 12-1080 and House Bill 12-1155 were harmonized.
(2) Amendments to this section by HB 19-1206 and HB 19-1178 were harmonized.
Cross references: For the legislative findings and declarations contained in the 2004 act amending subsection (2)(a), see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2011 act amending subsection (2)(a), the introductory portion to subsection (3), and subsection (5.5), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (2)(c), see section 1 of chapter 125, Session Laws of Colorado 2012. For the legislative declaration in SB 14-004, see section 1 of chapter 13, Session Laws of Colorado 2014. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019.
23-1-113.5. Commission directive - resident admissions - report - definitions. (1) It is the intent of the general assembly that all state-supported institutions of higher education operate primarily to serve and educate the people of Colorado. The general assembly therefore directs the commission to develop admission policies to ensure that, beginning with the fall term of 1994 and for the fall term of each year thereafter, not less than fifty-five percent of the incoming freshman class at each state-supported institution of higher education are in-state students as defined in section 23-7-102 (5). Commencing with the fall term of 1995, this requirement shall be met if the percentage of in-state students in the incoming freshman class for the then current fall term and the two previous fall terms averages not less than fifty-five percent. Such fifty-five percent requirement shall also apply to the percentage of incoming freshmen students who are admitted based on criteria other than standardized test scores, high school class rank, and high school grade point average pursuant to section 23-1-113 (1)(b). In addition, the commission shall develop admission policies to ensure, beginning with the fiscal year which begins July 1, 1994, and for each fiscal year thereafter, that not less than two-thirds of the total student enrollment, including undergraduate and graduate students, at each campus of each state-supported institution of higher education, except the Colorado school of mines, are in-state students as defined in section 23-7-102 (5) and that not less than sixty percent of the total student enrollment, including undergraduate and graduate students, at the Colorado school of mines are in-state students as defined in section 23-7-102 (5). This requirement shall be met if, commencing with the fiscal year that begins July 1, 1995, the fraction of in-state students, as defined in section 23-7-102 (5), enrolled at each state-supported institution of higher education, except the Colorado school of mines, averages not less than two-thirds of the total fiscal year student enrollment for the then current fiscal year plus the two previous fiscal years. For the Colorado school of mines, this fraction of in-state students shall be not less than three-fifths. Such policies shall be implemented no later than July 1, 1994.
(2) (a) The provisions of subsection (1) of this section regarding the fraction of students who are in-state students attending the Colorado school of mines shall also apply to Western Colorado university.
(b) Repealed.
(c) After one hundred percent of all qualified Colorado applicants have been accepted by Adams state university, Colorado Mesa university, and Western Colorado university, the provisions of subsection (1) of this section regarding the fraction of students who are in-state students ceases to apply to said three state institutions of higher education.
(d) After one hundred percent of all qualified Colorado applicants have been accepted by Adams state university, Fort Lewis college, Colorado Mesa university, and Western Colorado university, the provisions of subsection (1) of this section regarding the fraction of students who are in-state students ceases to apply to said four state institutions of higher education.
(3) The provisions of subsection (1) of this section regarding the fraction of students who are in-state students at institutions of higher education do not apply to any Native American student who attends Fort Lewis college. The calculation of the fraction of students at Fort Lewis college who are in-state students shall exclude any Native American student attending the college.
(4) (a) The provisions of subsection (1) of this section regarding the percentage and fraction of students who are in-state students, as defined in section 23-7-102 (5), do not apply to the university of Colorado system, Colorado state university, the university of northern Colorado, or the Colorado school of mines if the following requirements are met:
(I) The percentage of incoming freshmen admitted to the institution who are in-state students calculated on a three-year rolling average and excluding foreign students, is not less than fifty-five percent;
(II) The percentage of students enrolled at each campus of the university of Colorado system, at Colorado state university, at the university of northern Colorado, or at the Colorado school of mines who are in-state students is not less than fifty-five percent of the total student enrollment at each campus of the university of Colorado system, at Colorado state university, at the university of northern Colorado, or at the Colorado school of mines, respectively, including undergraduate and graduate students, calculated on a three-year rolling average and excluding foreign students and students enrolled solely in online courses;
(III) The institution continues to admit one hundred percent of all Colorado first-time freshman applicants who meet the guaranteed admissions criteria;
(IV) The percentage of in-state students admitted to each campus of the university of Colorado system, to the university of northern Colorado, or to Colorado state university based on criteria other than standardized test scores, high school class rank, and high school grade point average pursuant to section 23-1-113 (1)(b) does not fall below the average of the percentage admitted to the campus or to Colorado state university, respectively, for the three preceding academic years; and
(V) The total number of foreign students enrolled at each specific campus of the university of Colorado system, at Colorado state university, at the university of northern Colorado, or at the Colorado school of mines does not exceed fifteen percent of the total student enrollment, including undergraduate and graduate students, enrolled at the campus, at Colorado state university, at the university of northern Colorado, or at the Colorado school of mines, respectively.
(b) The university of Colorado and Colorado state university shall annually report to the commission information demonstrating that qualified in-state students are not displaced or denied admissions as a result of the provisions of this subsection (4) and that any increase in the enrollment of foreign students at a specific campus of the university of Colorado system or at Colorado state university is a result of increased capacity at the campus or at Colorado state university, respectively.
(c) For purposes of this subsection (4), foreign student means a student who is counted as foreign and present in the United States on a nonimmigrant visa.
(d) (I) (A) Beginning October 15, 2018, and every three years thereafter, the department shall submit a report to the joint budget committee and to the education committees of the house of representatives and of the senate, or their successor committees, demonstrating that the institutions included in this subsection (4) have met resident admission and enrollment requirements set forth in this section for the prior fiscal year; reporting the total number of resident and nonresident students enrolled in each institution of higher education before and after Colorado scholars are counted as two in-state students pursuant to subsection (5)(a) of this section; reporting how state institutions of higher education that utilize the Colorado scholars program use associated tuition revenue for purposes of merit- and need-based scholarships for resident students; and reporting the number of entering first-year Colorado residents, by county, who qualify as a Colorado scholar.
(B) Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the reporting requirements in subsection (4)(d)(I)(A) of this section continue indefinitely.
(II) The department and the institutions shall ensure that the data required for these calculations is consistently included in the state's student records database, including data on the number of students with in-state classification and out-of-state classification, the number classified as international students for purposes of the calculation, the resident and nonresident students classified as online only students for purposes of the calculation, and the number of students classified as Colorado scholars pursuant to subsection (5) of this section. The report shall include both the nominal numbers of students in each relevant category and the calculation demonstrating the institution's compliance with this section.
(III) As part of the report required pursuant to this subsection (4)(d), in collaboration with the institutions, the department shall demonstrate that the institutions are complying with the provisions of section 23-1-113 (1)(a) that require that the academic admission standards for students who do not have in-state status, as determined pursuant to section 23-7-103, are equal to or exceed those established for determining admission of in-state students, and the requirements of subsection (4)(b) of this section, that require that certain institutions annually report information demonstrating that qualified in-state students are not displaced or denied admission as a result of the provisions of this subsection (4).
(5) (a) Notwithstanding any provision of this section to the contrary, beginning in the fall semester of 2013, a state-supported institution of higher education or a campus of the institution may count each Colorado scholar who enrolls at the institution or the campus of the institution as two in-state students for purposes of calculating the percentages and fractions of in-state students required in this section.
(b) Notwithstanding any provision of this section to the contrary, beginning in the fall semester of 2013, a state-supported institution of higher education or a campus of the institution meets the requirements specified in subparagraph (IV) of paragraph (a) of subsection (4) of this section if the percentage of in-state students admitted to the institution or to each campus of the institution based on criteria that are in lieu of the established statewide criteria as provided in section 23-1-113 (1)(b) plus the percentage of in-state students enrolling as Colorado scholars exceeds the percentage of nonresident students admitted to the institution or to each campus of the institution based on criteria that are in lieu of the established statewide criteria.
(c) The provisions of this subsection (5) apply only to a state-supported institution of higher education, or to a campus of the institution, that establishes and funds a Colorado scholar program.
(d) Notwithstanding any provision of this subsection (5) to the contrary, the number of Colorado scholars that each institution counts for purposes of subsections (5)(a) and (5)(b) of this section in an academic year must not exceed fifteen percent of the total number of in-state students that the institution counts in the applicable fraction or percentage in that academic year.
(d.5) An institution of higher education shall make an effort to recruit in-state students who graduated from a high school that is a rural school or in a rural school district, as defined in section 23-76-102 (4).
(d.6) An institution of higher education shall make an effort to retain scholars from each demographic background with disproportionately low retention rates.
(e) As used in this subsection (5):
(I) Colorado scholar means an in-state student who is eligible to participate in an institutional Colorado scholar program and is designated by the state-supported institution of higher education as a Colorado scholar. A student is eligible to participate in a Colorado scholar program only if the student graduates in the top ten percent of the student's high school class or graduates with at least a 3.75 grade point average, having completed a highly rigorous college preparatory curriculum, and meets any additional criteria established by the institution.
(II) Colorado scholar program means an institutional program or group of programs that awards institutional financial aid or scholarships to undergraduate, degree-seeking, in-state students, with the goal of attracting in-state students to and retaining them in Colorado institutions of higher education. A state-supported institution of higher education shall provide each student who is designated as a Colorado scholar for purposes of paragraphs (a) and (b) of this subsection (5) at least two thousand five hundred dollars in annual financial aid or scholarship moneys through the institution's Colorado scholar program.
Source: L. 93: Entire section added, p. 2124, � 6, effective June 11. L. 94: Entire section amended, p. 1676, � 1, effective May 31. L. 95: (1) amended, p. 55, � 4, effective March 20. L. 96: (1) amended, p. 1236, � 79, effective August 7. L. 97: (2)(b) repealed, p. 25, � 1, effective March 20. L. 2002: (2)(c) added, p. 1281, � 5, effective July 1; (2)(d) added, p. 1260, � 18, effective July 1. L. 2010: (4) added, (SB 10-003), ch. 391, p. 1846, � 20, effective June 9. L. 2011: (2)(c) and (2)(d) amended, (SB 11-265), ch. 292, p. 1365, � 16, effective August 10. L. 2012: (2)(c) and (2)(d) amended, (HB 12-1080), ch. 189, p. 757, � 11, effective May 19; (2) amended, (HB 12-1331), ch. 254, p. 1268, � 9, effective August 1. L. 2013: (5) added, (HB 13-1320), ch. 383, p. 2245, � 1, effective June 5. L. 2018: (4)(a) amended and (4)(d) added, (SB 18-206), ch. 372, p. 2266, � 2, effective August 8. L. 2019: (2) amended, (HB 19-1178), ch. 400, p. 3544, � 9, effective July 1. L. 2023: (4)(d)(I)(A) and (5)(d) amended, and (5)(d.5) and (5)(d.6) added, (SB 23-096), ch. 62, p. 220, � 1, effective April 11. L. 2024: (4)(d)(I)(A) amended, (SB 24-135), ch. 34, p. 111, � 12, effective March 22.
Editor's note: (1) Subsection (2)(d) was originally numbered as (2)(c) in House Bill 02-1419 but has been renumbered on revision for ease of location.
(2) Amendments to subsections (2)(c) and (2)(d) by House Bill 12-1080 and House Bill 12-1331 were harmonized.
Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act enacting subsection (2)(c), see section 1 of chapter 307, Session Laws of Colorado 2002. For the legislative declaration contained in the 2002 act enacting subsection (2)(d), see section 1 of chapter 303, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (4), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending subsections (2)(c) and (2)(d), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in SB 18-206, see section 1 of chapter 372, Session Laws of Colorado 2018.
23-1-113.7. Commission directive - nursing programs - employer-based gift and scholarship fund - reporting requirement - legislative declaration. (1) The general assembly recognizes the need to provide a high quality trained workforce necessary for the delivery of quality care to seniors and other individuals. The general assembly further recognizes that limiting the number of students participating in nursing programs in the state-supported institutions of higher education frustrates the goal of delivering quality care to the number of those in need.
(2) The commission shall develop admissions policies for nursing programs at state-supported institutions of higher education that, subject to the availability of funds through the more nurses for Colorado fund created pursuant to subsection (4) of this section, allow for a greater number of students to be admitted to nursing education programs on or after July 1, 2002, who would otherwise not be admitted because of the limit on the number of students that the institution accepted in its nursing program prior to July 1, 2002.
(3) The commission shall direct the governing boards of state supported institutions of higher education with nursing programs to allow additional students of nursing to be admitted when there are sufficient funds available through the more nurses for Colorado fund created pursuant to subsection (4) of this section to support the increased costs associated with such students.
(4) There is hereby created in the office of the state treasurer the more nurses for Colorado fund. Such fund shall consist of gifts, grants, and donations from private entities and shall be continuously appropriated by the general assembly. Such moneys shall be used by the commission solely to support the development of additional capacity to allow a greater number of students to be admitted to the nursing programs in the state-supported institutions of higher education. Such moneys shall constitute gifts for the purposes of calculating fiscal year spending pursuant to section 20 of article X of the Colorado constitution.
(5) It is the intent of the general assembly that no general fund dollars be appropriated for the purposes of implementing the requirements of this section.
(6) Each state-supported institution of higher education that offers a bachelor of science degree in nursing shall submit an annual report to the department of higher education that includes the following information:
(a) The number of bachelor of science in nursing degrees and the number of associate nursing degrees, if any, awarded;
(b) The number of nursing program graduates who passed the state nursing licensure examination; and
(c) The total tuition for a student to complete the state-supported institution of higher education's bachelor of science degree in nursing program.
Source: L. 2002: Entire section added, p. 894, � 2, effective May 31. L. 2018: (6) added, (HB 18-1086), ch. 70, p. 631, � 4, effective March 24.
Cross references: For the legislative declaration contained in the 2002 act enacting this section, see section 1 of chapter 238, Session Laws of Colorado 2002. For the legislative declaration in HB 18-1086, see section 1 of chapter 70, Session Laws of Colorado 2018.
23-1-114. Commission directive - study of role of state board for community colleges and occupational education and the local councils. (Repealed)
Source: L. 85: Entire article R&RE, p. 760, � 1, effective July 1.
Editor's note: Subsection (2) provided for the repeal of the section, effective July 1, 1986. (See L. 85, p. 760.)
23-1-115. Commission directive - review and action on existing degree programs. (Repealed)
Source: L. 85: Entire article R&RE, p. 760, � 1, effective July 1. L. 2008: Entire section repealed, p. 1483, � 30, effective May 28.